Article 1 (Purpose)


The purpose of the following Terms and Conditions of Use (hereinafter referred to as the ‘Terms and Conditions’) is to establish guidelines on rights, duties and responsibilities of cybermall users utilizing the internet-related services (hereinafter referred to as the ‘Services’) provided by BNR Mall (hereinafter referred to as the ‘Mall’) operated by AceBiome (e-commerce company).

※ 『Unless transactions contradict its properties, the following terms apply to e-commerce transactions utilizing methods of PC communication, wireless and others』


Article 2 (Definition)

① ‘Mall’ refers to a virtual business site established by AceBiome to trade goods or services using computers and/or information communication facilities to provide goods or services to Users. The term can also be defined as a company operating a cybermall.
② ‘User’ refers to a Member and Non-Member who has accessed the ‘Mall’ to use the services provided by the ‘Mall’ in accordance with this ‘Terms and Conditions’.③ ‘Member’ refers to a User who uses the Services provided by the ‘Mall’ with a membership.
④ ‘Non-Member’ refers to a User who uses the Services provided by the ‘Mall’ without a membership. .


Article 3 (Display, Explanation and Amendment of Terms and Conditions of Use)

① The ‘Mall’ shall, for easy recognition by Users, display the contents of this ‘Terms and Conditions’, name of company and representative, business address(including an address handling customer complaints), phone number, fax number, email address, business license number, e-commerce permit number, and the name of personal information manager on the main page of the ‘Mall’. Only the content of this ‘Terms and Conditions’ can be displayed though a link page.
 ② The ‘Mall’ may make amendments within the permissible range without violating applicable laws, such as the 「Act on the Consumer Protection in Electronic Commerce」, 「Act on the Regulation of Terms and Conditions」, 「Framework Act on Electronic Documents and Transactions」, 「Electronic Financial Transaction Act」, 「Digital Signature Act」, 「Act on Promotion of Information and Communications Network Utilization and Information Protection」, 「Act on Door-To-Door Sales 」, 「Framework Act on Consumers」 and other similar laws.
③ Whenever any of the terms of this Agreement are amended, the ‘Mall’ shall announce  the effective date and the reasons for the amendment  by visibly posting a notice on its website seven (7) days prior to effective date until the day before the effective date.
If the amendment is modified to the User’s disadvantage, then the ‘Mall’ shall provide at least thirty (30) days’  notice. In this case, the ‘Mall’ shall clearly explain the ‘before and after’ changes in an ‘easy-to-understand’ manner.
④ When the ‘Mall’ makes an amendment to the ‘Terms and Conditions’, the modified ‘Terms and Conditions’ shall be applied only to contracts concluded after the such amendment comes into effect, whereas all contracts concluded before the effective date will remain under the provisions of the old ‘Terms and Conditions’. However, if the User who has already signed the contract wishes to have the amendments applied, the User shall send his/her intent to the ‘Mall’ within the notice period stated in Clause ③ and receive consent from the ‘Mall’ , whereupon the amendments will be applied.
⑤ Any information not specified in this ‘Terms and Conditions’ shall be construed in accordance with the Act on the Consumer Protection in Electronic Commerce, Act on the Regulation of Terms and Conditions, Guidelines for Consumer Protection in Electronic Commerce, Etc. provided by the Fair Trade Commission, and other applicable laws, as well as generally accepted commercial practice.


Article 4 (Provision & Replacement of the Services)


① The ‘Mall’ shall perform the following duties:
1. Provide information regarding goods or services and conclude purchasing contracts.
2. Deliver goods or services on purchase contract.
3. Other duties designated by the ‘Mall.’
② The product images shown are for illustration purposes only and may not be an exact representation of the product. The ‘Mall’ reserves the right, at its sole discretion, to change products, prices, images and specifications at any time without prior notice.

③ In the event that goods or services are replaced due to a change in technical specifications or sold-out, the ‘Mall’ shall immediately notify all Users of the reason for replacement.
④ The ‘Mall’ shall assume no liability for damages suffered by the Users other than those caused by its own fault or gross negligence.
Article 5 (Suspension of Service)

① The ‘Mall’ may temporarily suspend its Services due to  maintenance, replacement or damage repair of computers and telecommunications equipment, or interruption of communication.
② The ‘Mall’ shall not be liable to  Users or any Third Party for damages resulting from temporary suspension of the Services as set forth in Clause ①, except for those caused by fault or gross negligence of the ‘Mall’.
 

Article 6 (Membership)

① The User shall apply for Membership by expressing his/her intent to agree to this ‘Terms and Conditions’ as part of completing the registration form prepared by the ‘Mall’ which asks for Member’s personal information.
② The ‘Mall’ shall register all Users who apply for Membership in the manner stipulated in Clause ①, provided that the User is not associated with any one of the following issues:
1. The applicant has lost eligibility for Membership for reasons indicated in Article 7 Clause ③; however, the applicant who obtained approval to re-subscribe for Membership three years after the loss of Membership is excluded.
2. The applicant has provided false or incorrect information or omitted information  in the registration form.
3. If it is deemed that registering the User would create technical difficulties to the ‘Mall.’
③ Establishment of Membership becomes effective at the time that the Member receives the ‘Mall’s approval of Membership.
④ In due course of time, the Member shall update the ‘Mall’ with any changes to his/her account information through the methods of editing personal information.


Article 7 (Withdrawal from Membership & Loss of Eligibility)

① Members of the ‘Mall’ may request, at any time, to withdraw from Membership and the ‘Mall’ shall immediately process the request.
② The ‘Mall’ may limit or suspend Membership for the following reasons:
1. Entry of false information in the registration form.
2. Failure to make payment for goods purchased and other ‘Mall’ usage-related obligations by the due date.
3. When a Member threatens the order of e-commerce, such as by interfering with others’ use of the ‘Mall’ or by the illegal use of personal information.
4. When a Member uses the ‘Mall’ for the purpose of engaging in acts that are against public interest, morals, or are prohibited by applicable laws and this ‘‘Terms and Conditions’.’
③ The ‘Mall’ may forfeit Membership of the Member whose Membership was suspended or limited, if the same actions are repeated twice or more, or if they are not corrected within thirty (30) days of being demanded correction by the ‘Mall’.
④ When the ‘Mall’ forfeits Membership, all information will be erased. Prior to erasure, the ‘Mall’ shall notify the Member and give at least thirty (30) days for the Member to make an appeal.


Article 8 (Notification to Members)

① Any notifications from the ‘Mall’ will be sent to the email address designated in advance by the Member during registration.
② For matters that must be notified to all registered Members, posting notifications on the notice board on the website for one (1) week or longer can replace sending emails. However, the ‘Mall’ shall send individual notice to a Member in regards to matters which may have a significant impact on his/her individual transactions.


Article 9 (Application for Purchase)

① The User shall apply for purchase in the following or in a similar manner, and the ‘Mall’ shall provide the User with the information related to the following in an ‘easy-to-understand’ manner to aid in his/her request for purchase.
1. Search and select goods or services
2. Enter name of recipient, address, phone number, email address (or mobile phone number)
3. Review the contents of this ‘Terms and Conditions’, services with restricted cancellation rights, fees including charges for delivery  and installation , and other matterss.
4. Explicit agreement to this ‘Terms and Conditions’ and express confirmation or refusal the above Item 3 (i.e. by clicking the option)
5. Apply and confirm purchase of goods; agree to allow approval of the application by the ‘Mall’
6. Select payment method


Article 10 (Conclusion of Contract)
① The ‘Mall’ may not accept request for purchase in Article 9 if it falls under one of the following subparagraphs. In the event of concluding a contract with a minor, the ‘Mall’ shall notify that the failure to acquire agreement from a legal representative may cause cancellation of the contract by the minor him/herself or the legal representative.
1. Entry of false or incorrect information or omitted information in the registration form
2. Minor purchasing cigarettes, liquor or other goods or services prohibited by the Youth Protection Act
3. If deemed that accepting application for purchase may cause technical problems to the ‘Mall’
② The contract is deemed to be concluded when the acceptance of the ‘Mall’ is delivered to the User in the manner stipulated in Clause ① of Article 12.
③ The acceptance of the ‘Mall’ shall include confirmation on the User’s request for purchase, availability of sales, and correction or cancellation of the request for purchase.


Article 11 (Payment Method)

The method of payment for goods or services purchased through the ‘Mall’ may be selected from the following items. The ‘Mall’ may not collect any additional fees regarding payment for goods or services.
1. Card payments through prepaid card, debit card, credit card, and others (Paypal, Mastercard, JCB, VISA)
2. Mileage points or points offered by the ‘Mall’
3. Gift voucher contracted or approved by the ‘Mall’
4. Other means of electronic payment


Article 12 (Notice of Receipt, Change and Cancellation of Application for Purchase)

① The ‘Mall’ shall send a notice of receipt to the ‘User’ upon receiving the User’s application for purchase.
② Whenever there is a discrepancy between the User’s intent and the notice received, the User may immediately change or cancel the application for purchase after receipt. If the request for change or cancellation is made prior to delivery, the ‘Mall’ shall process the request accordingly without any delay. In the event that payment has already been made, ‘User’ shall abide by the policies detailed in Article 15 (Cancellation of Purchase).


Article 13 (Provision of Goods or Services)

① Unless otherwise specified, the ‘Mall’ shall process the delivery within fourteen (14) business days from the date the payment is received in whole or in part. In such instances, the ‘Mall’ shall take the necessary measures to inform the ‘User’ regarding the process of preparation and delivery status of goods or services.

② The ‘Mall’ shall specify delivery method, payer of delivery fees, and delivery time for the goods or services purchased by the ‘User’. In the event that the ‘Mall’ exceeds the designated period of delivery, it shall compensate the ‘User’ for damages. However, the ‘Mall’ shall not be held liable for such damages if it proves that such event is not caused by its fault or negligence.
③ The ‘Mall’ shall not be liable for refund of all or any part of goods/services purchased by the ‘User’ if any of the following conditions exist:
1)    Incorrect address submitted by the ‘User’;
2)    Refusal of goods/services by the ‘User’ without reasonable cause; or
3)    The fault is not solely caused by the ‘Mall’


Article 14 (Refund)

In the event that the goods or services are sold-out or unavailable and cannot be provided or delivered to a User who applied for purchase, the ‘Mall’ shall notify the User without any delay. If payment for goods or services has already been made before their unavailability was confirmed, the ‘Mall’ shall take necessary measures or refund the payment within fourteen (14) business days from the date the payment is received.


Article 15 (Cancellation of Purchase)

① The User who purchased goods or services by concluding the contract with the ‘Mall’ in accordance with Clause ② of Article 13 in the 「Acts on the Consumer Protection in Electronic Commerce」 may cancel purchase within seven (7) days from the date on which the User received a concluded contract (if the concluded contract is received after goods or services are delivered, then the receipt date is to be the date when goods or services have been delivered to the User). But, cancellation of purchase according to 「Act on the Consumer Protection in Electronic Commerce」 shall comply with relevant laws and legislations in regards to affairs not mentioned in the Acts.
② The User shall not be permitted to return or exchange goods or services in the event of one of the following conditions:
1. Delivered goods are lost or damaged at the fault of the User (however, cancellation of purchase may be acceptable if User has only damaged packaging in the process of checking the content)
2. Significant decrease in value of goods or services due to partial use or consumption by the User
3. Goods or services are no longer suitable for resale due to a significant decrease in value caused by lapse of time
4. The goods may be replaced by goods showing the same performance, but packaging of the original is damaged
 

Article 16 (Effect of Cancellation of Purchase)

① In the event of a return of goods from a User, the ‘Mall’ shall refund payment of goods within fourteen (14) business days of receiving the return. In the event of a delay in refund, the ‘Mall’ shall pay User with the interest calculated by the number of days delayed with the overdue interest rate indicated on the 「Act on the Consumer Protection in Electronic Commerce」
② In regards to the above-mentioned case, if the User made payment of goods with credit card or electronic money, the ‘Mall’ shall immediately request the business who processed such payment method to suspend or cancel payment.
③ In the event of any cancellation of purchase, the User shall bear the costs arising from returning the goods. On the account of the User’s cancellation of purchase, the ‘Mall’ shall not claim charge for cancellation or compensation for damage. However, in the event that a cancellation of purchase is caused by a misrepresentation or incorrect advertisement of goods or a failure by the ‘Mall’ to meet its obligations under the relevant purchase contract, the ‘Mall’ shall bear the costs of returning the goods.
④ If the User bore the delivery fees when he/she received the goods, the ‘Mall’ shall specify and make noticeable as to who would bear the delivery fees upon cancellation of purchase.


Article 17 (Protection of Personal Information)

① The ‘Mall’ collects a minimum amount of information necessary to provide the Services.
② At the time of applying for Membership, the ‘Mall’ shall not collect personal information needed for the performance of purchase contract in advance. However, in the case where personal identification is required before the performance of a purchase contract, a minimum amount of specified personal information is collected for the fulfillment of obligation in regards to relevant laws and legislation.
③ The ‘Mall’ shall obtain consent from User to collect/use personal information by notifying User with the aim/purpose of collection/use.
④ The ‘Mall’ shall not use the personal information outside their intended purpose.  Whenever a new purpose or the need to disclose to third parties arises, the ‘Mall’ shall notify the purpose of use and obtain consent from User before using or disclosing information. However, the ‘Mall’ shall also adhere to exceptions set forth in the relevant laws and legislations.
 In the event that the ‘Mall’ is required to obtain the approval of User pursuant to Clauses ② and ③, the ‘Mall’ shall specify its employee responsible for handling personal information (affiliation, name, telephone number, other contact information), the purpose for collecting and using information, information about third parties (recipient, purpose of provision, and the information to be provided), and the provisions stipulated in Clause ② of Article 22 of the 「Act on Promotion of Information and Communications Network Utilization And Information Protection」. The User may at any time cancel his/her approval.
⑥ User may, at any time, request for confirmation and correction of error in their personal information possessed by the ‘Mall,’ and the ‘Mall’ shall be responsible for taking any necessary measures without any delay. In the event that a User requests for the correction of an error, the ‘Mall’ shall not use the applicable personal information until error is corrected.
⑦ For protection of personal information, the ‘Mall’ shall limit the number of persons handling personal information to a minimum, and shall be responsible for any damages caused by loss, theft, leakage, falsification, and disclosure of personal information, including credit card and bank account information, to third parties without consent of the User.
⑧ The ‘Mall’ or any third parties who received personal information from the ‘Mall,’ shall without any delay destroy all personal information once the purpose of collection use has been achieved.
⑨ The ‘Mall’ shall not have the User fill out the agreement for the collection, use, and disclosure of personal information  in advance. The ‘Mall’ shall specify Services that will be restricted if User does not agree to the collection, use, and disclosure of personal information, and the ‘Mall’ shall not limit the Services or refuse to accept Membership applications on the basis of User’s refusal to agree to collecting, using, disclosing of personal information that are not considered essential information


Article 18 (Obligations of the ‘Mall’)

① The ‘Mall’ shall not take any actions that are against public interest or are restricted by applicable laws and this ‘Terms and Conditions’. The ‘Mall’ shall put its best efforts in providing goods or services on a stable basis in accordance with the provisions in this ‘Terms and Conditions’.
② The ‘Mall’ shall be equipped with a security system to protect personal information of Users (including credit information) and provide a safe environment for Users to use the online services.
③ In accordance with Article 3 of 『Act on Fair Labelling and Advertising』, the ‘Mall’ shall be responsible to compensate User(s) if damages were caused by displaying or adding unjust or unreasonable advertisement for certain goods or services
④ The ‘Mall’ shall not send any advertisement emails that Users do not want to receive.


Article 19 (Obligations for ID & Password of Member)

① Members shall be responsible for the management of his/her ID and password, except for the case in Article 17.
② Members shall not allow any third party to use his/her ID and password.
③ As soon as a Member becomes aware that his/her ID and/or password has been stolen or has been used by a third party, the Member shall immediately notify the ‘Mall’, and follow the instructions given by the ‘Mall.’


Article 20 (Obligations of User)
① ‘User’ is responsible for the import duties and taxes and shall comply with all laws and regulations of Republic of Korea and the relevant country.
② ‘User’ shall be responsible for any fees, fines, or costs incurred as a result of non-compliance with the applicable laws and regulations.
③ Users shall avoid the following actions:
1. Register false information when applying for membership or revising information;
2. Use personal information of third parties;
3. Change information displayed on the ‘Mall’;
4. Remit or display information (computer program, etc.) other than the information considered appropriate by the ‘Mall’;
5. Infringe copyright or intellectual property rights of the ‘Mall’ or a third party;
6. Engage in any action that harms the reputation and interferes with the operation of the ‘Mall’ or a third party
7. Disclose or display any information on the ‘Mall’ that contains obscene or violent message, video, voice, or that is against public interest and morals.


Article 21 (Relationship between Linking Mall & Linked Mall)

① In the event that the main mall and the sub-mall are linked with a hyperlink (ex. the subject of hyperlink includes text, image and video), the former is called as the Linking Mall (Website) and the latter is called as the Linked Mall (Website).
② If the Linking Mall has specified and notified that it is not responsible for any transaction with the User for any goods or services independently provided by the Linking Mall its starting page of the website or via a pop-up window, then the Linking Mall shall not be held responsible for such transaction.


Article 22 (Copyright & Limitation of Use)

① The copyright and other intellectual property rights for the works produced by the ‘Mall’ shall belong to the ‘Mall.’
② In no event may the User use or cause any third party to use information that contains intellectual property rights belonging to the ‘Mall’ for reproduction, transmission, publication, distribution, broadcast or any other profit-making purpose without prior consent of the ‘Mall.’
③ The ‘Mall’ shall notify the User when using the copyright belonging to the applicable pursuant to this ‘Terms and Conditions’.


Article 23 (Resolution of Dispute)

① The ‘Mall’ shall apply and reflect the opinion or complaint expressed by User(s), and install and operate a process for compensation of Users’ damages.
② The ‘Mall’ shall endeavor its best efforts to promptly respond to any opinion or complaint expressed by User(s). However, in the event that the ‘Mall’ is not be able to process the matter immediately, the ‘Mall’ shall notify the User with the reason and an approximate schedule of when the matter will be processed.

Article 24 (Jurisdiction & Governing Law) ① Any and all e-commerce-related lawsuits between the ‘Mall’ and a User shall be governed by the law of the Republic of Korea, without regard to its conflicts of laws rules.